Divorce & Petition Fears

[webby's rose 0]

Morning, all! :D

I'm hoping that someone can ease my fears and panic, and hopefully give me some advice or personal experience. Here's my fear:

My divorce isn't completely final yet. It should be signed by the judge within the next couple of weeks and when I get the hard copy paperwork, I'll be sending in the petition for my fiance to immigrate.

I am insanely worried that USCIS will scrutinize my paperwork and the dates of everything on it, when they see that my divorce is final in Feb of 08, and I'm sending in a petition for a fiance visa in Feb 08 as well...

My ex husband and I separated in January of 2007 and I met my fiance in person for the first time July of 2007. I have proof that the separation happened (it's written in the judgment papers for my divorce) and I have proof that the marriage was horrible well before my ex and I separated.

But, I'm still concerned that they'll deny the K1 because of how close the divorce is to the petition.

Does anyone have any experience in this? I'm not even sure I explained it right.. My head moves faster than my fingers.

Thanks in advance.

[Krikit 1,164]

From what I've seen there are a number of people on here who did the same, and they never had a problem. All USCIS is concerned with is if you are free to marry on the date you file the petition.

[pushbrk 12,883]

Morning, all! :D

I'm hoping that someone can ease my fears and panic, and hopefully give me some advice or personal experience. Here's my fear:

My divorce isn't completely final yet. It should be signed by the judge within the next couple of weeks and when I get the hard copy paperwork, I'll be sending in the petition for my fiance to immigrate.

I am insanely worried that USCIS will scrutinize my paperwork and the dates of everything on it, when they see that my divorce is final in Feb of 08, and I'm sending in a petition for a fiance visa in Feb 08 as well...

My ex husband and I separated in January of 2007 and I met my fiance in person for the first time July of 2007. I have proof that the separation happened (it's written in the judgment papers for my divorce) and I have proof that the marriage was horrible well before my ex and I separated.

But, I'm still concerned that they'll deny the K1 because of how close the divorce is to the petition.

Does anyone have any experience in this? I'm not even sure I explained it right.. My head moves faster than my fingers.

Thanks in advance.

Welcome to 2009, which seems to be the year in which you'll file, not 2008. As long as you are actually free to marry on the date you file the petition, the petition would not be impacted by the recent divorce. Recent divorces are red flags at the Consulate stage, so be prepared to answer questions and show evidence the relationship is bona fide.

[Krikit 1,164]

Welcome to 2009, which seems to be the year in which you'll file, not 2008.

[webby's rose 0]

...It's still early in the morning.

But thank you for the advice!!

[Gary and Alla 3,694]

Morning, all! :D

I'm hoping that someone can ease my fears and panic, and hopefully give me some advice or personal experience. Here's my fear:

My divorce isn't completely final yet. It should be signed by the judge within the next couple of weeks and when I get the hard copy paperwork, I'll be sending in the petition for my fiance to immigrate.

I am insanely worried that USCIS will scrutinize my paperwork and the dates of everything on it, when they see that my divorce is final in Feb of 08, and I'm sending in a petition for a fiance visa in Feb 08 as well...

My ex husband and I separated in January of 2007 and I met my fiance in person for the first time July of 2007. I have proof that the separation happened (it's written in the judgment papers for my divorce) and I have proof that the marriage was horrible well before my ex and I separated.

But, I'm still concerned that they'll deny the K1 because of how close the divorce is to the petition.

Does anyone have any experience in this? I'm not even sure I explained it right.. My head moves faster than my fingers.

Thanks in advance.

I can give you a similar case....mine. My fiancee (now wife) was divorced for some time before we met. Her divorce papers spelled her name three different ways....NONE correct. So before we filed she went to get her paperwork corrected, and paid a bribe to the clerk so she could get the corrections right away, otherwise she would have to wait the "Ukrainian 3 weeks". So we waited and when she got the papers back, the divorce decree had her name correct but to her horror they had made it for the date we were there! 2-22-08!!!! I told her the date was not important, it was only important SHE had a divorce certificate and was eligible to marry. We filed our petition about 2 weeks later and there was never a question.

Bottom line, the USCIS could not possibly care less about sex scandals, love triangles, or who's sleeping with whom and when. If you and your fiancee are legally eligible to get married that is ALL they care about. Incidentally they do not care about age differences, height and weight, or any other social stigma. If she is 18 and single and you are 93 and single, but got divorced yesterday, and she has 4 children from four different fathers and was formerly a lesbian...they DO NOT care!

[Stinky Monkey 1]

file away as long as you are free to marry that is all that they care about, that dont judge you on how quickly you filed after the divorce is final just that it is final

Good luck with your journey

[webby's rose 0]

Thank you so much for calming the worries and letting me know it'll be alright. I really appreciate it!

[Cacerez 19]

You should be fine and I wish the same for myself! I was also separated in January 2007 and although we did not have any kids, we sold the house fairly quickly, and did not have anything but debt to separate, he refused to sign the final divorce papers and so it took 3 times as long as it should have. By VA state law we could have been divorced in July 07 but it was not final until September 08. As soon as I got those papers we began gathering everything else for the K1 app and sent it in Oct 08. Pretty sure they can't argue with that because the fact is, as the others have said, you are free to marry on or before the date you send in the application. Good luck!

[KimandRuss 0]

Divorce laws are State specific so be sure your divorce is FINAL.

In Massachusetts, for instance, there is a 30 day wait after court and then a 90 day nisi period. Making the final decree 120 days after court appearance. I could not file the petition until that day... even tho we had been separated for years. So, that's what I did... the very moment I was able to pick up my decree of absolute, I filed the petition. My new husband is here in the States with me now. He was asked about my relationship with my ex husband and about how our relationship began before I was actually divorced but simply explained that the marriage was over long before the divorce was final.

It should not create any issues for you in London. In some places a short relationship and/or recent divorce can throw up a red flag and make the interview process that much more difficult but we usually find this occuring in higher fraud posts such as China, HCMC, middle east...etc.

[Sinergy 3]

My ex husband and I were seperated for almost 10 yrs...no divorse bc he refused to sign the papers. I left him bc of physical abuse on me, and he couldnt accept the fact i left actually he was mad i left and sd as punishment he wouldnt let me have my divorse...i filed 21 times until he finally signed. I got my divorse 1 month before sending in the petition for Ed. All went well.

Edited January 30, 2009 by Sinergy

[luck-e and Kookie 0]

we have the same case as yours. My fiance right now filed for a K1 visa for me last Sept 2008. He was married with his ex wife last 2000 and we met in the middle of his petition to her ex wife (IR-1) visa petition that was july 2005. His petition to his ex-wife was approved last March 2008 and is now in the US. The reason why he still continued with the IR1 visa for his ex-wife because he thought that when her ex-wife gets to the US, they can fix their relationship just for the sake of their 6 year old son. However, things got worst when she got there in the US and they finally agreed to get divorced.

My fiance filed for the divorce last June 2008 and he got the final decree on august 2008. He had a baby with me who is now 2 yrs old and who is a US citizen already. We were technically together when he was still married with his ex-wife. We have proofs of emails, remittances, packages sent to me and packages that i send him, pictures plus we have a baby! Mistakes happen and when his wive's visa got approved, he tried to work it out with her and check if things will change when she get to the US. He was originally based in Hawaii so when he filed for the ex-wife's IR1 visa, it was in Hawaii, so the ex-wife is now in Hawaii. The ex-wife flew to Hawaii last April 2008 and my fiance was left here in the Philippines to take care of some stuffs before he flies back to Hawaii with her.

His uncle in Guam offered him a job in Guam that is until the end of the year. (it is an advertising company that takes care of the ads for businesses that will publish ads for 2009) and a business that he could start there and it looks promising to him so instead of flying to Hawaii, he flew to Guam to save more money to settle in Hawaii with the ex-wife. The whole time that he was in Guam, busy with the new job and the business, it made their relationship worst! He thought the ex-wife will understand the situation since he will just work with the uncle for just a year and try to have a business on the side.

So they both agreed to get a divorce so my fiance filed for a divorce in Guam since he is a resident there already and got the decree as I've said last August 2008. He flew back here in the Philippines last week of August and proposed to me. I love him so much that I didn't have no doubts of saying YES. He filed for the K1 petition for me last Sept 2008 and now is with the NVC. I'm hoping also that we could start a new life away from all the mistakes he had in his life.

[Bryan+Nelia 4life 0]

Ok this makes me a little less nervous with my situation, i'll explain. I am just now filing for a divorce to my first wife that I have been seperated with for about 2 years now. I met her here in the united states and she was here on a work Visa. After about 3 years of marriage she recieved her green card. But by that time we were no longer in love and we descided to split up. We never got into debt together and we have no children so our divorce is quite simple. Well I met the girl of my dreams online, she is Filipina we have chatting for about 3 months now. I have just returned from a week long trip to go meet her and I bought her an engagement ring and asked her to marry me, (we are head over heels in love with eachother and i know she is my soulmate). So back at home im now wanting to get the divorce finished so I can apply for my K1. Do you guys think it will be really tough for us as I basically already green carded someone before this? Do you know if they will not care as long as we can show unwavering proof of our relationship?

Thanks in advance guys, I love this girl so darn much I would move to the PI to be with her if they wont let her come here.

[Sylvia_n_Joseph 3]

Yes you will have ref flags. Prior immigrant marriage ended right after the 10 year card. Filing right after a divorce. High fraud country. Make sure you are very prepared for the interview